What are the circumstances or conditions for the laborer to conclude an open-ended labor contract with the employer?
Text/Beijing lawyer Sammul Chan I. The concept of non-fixed-term labor contract A non-fixed-term labor contract refers to a labor contract in which the employer and the employee agree on the termination time without a fixed term. (a) the employer and the employee can conclude an open-ended labor contract through consultation. (2) An employee who proposes or agrees to renew the labor contract under any of the following circumstances stipulated by law shall conclude an open-ended labor contract: 1. The employee has worked in the employer for ten years continuously. 2. When the employing unit implements the labor contract system for the first time or the state-owned enterprise is restructured and re-concludes the labor contract, the employee has worked in the employing unit continuously for ten years, and is less than ten years away from the statutory retirement age. 3. The laborer has successively concluded two fixed-term labor contracts and renewed the labor contracts, without the circumstances stipulated in Article 39 of this Law. The circumstances specified in Article 39 of this Law are as follows: (1) Party B is proved to be unqualified for employment during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; The circumstances stipulated in Item 1 of Paragraph 1 of Article 26 of this Law are as follows: If the other party enters into or changes a labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others, the labor contract is invalid or partially invalid. (6) Being investigated for criminal responsibility according to law. Three. The circumstances or conditions identified as an open-ended labor contract If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer has concluded an open-ended labor contract with the employee. Lawyer of Beijing Taifu Law Firm: Zhong * * * party member, 1996 has worked as a lawyer since, 13 years' experience as a lawyer, and now he is a senior lawyer of Beijing Taifu Law Firm, specializing in labor disputes (especially industrial injury compensation), marriage succession disputes, real estate disputes and criminal defense. He has been rated as an excellent lawyer of legal aid in Beijing and an excellent lawyer of legal aid in Fengtai District of Beijing. At the kind invitation of china national radio, he has been a guest in the live broadcast room for many times and answered legal advice for the national audience.